IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.4371/2019 BETWEEN S. HARIKRISHNA S/O S. MADHAVA AGED ABOUT 41 YEARS R/AT SRI. LAKSHMI NO.4000, HAL 2ND STAGE INDIRANAGAR BENGALURU – 560 038 (BY SRI. S. P. KULKARNI, ADVOCATE) AND STATE OF KARNATAKA REP. BY SUBRAMANYANAGAR POLICE STATION, BENGALURU INVESTIGATED BY COD (SE) BENGALURU, NOW REP. BY ITS STATE P.P. HIGH COURT OF KARNATAKA, BENGALURU – 560 001 (BY SRI. K. P. YOGANNA, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.261/2003 (C.C.NO.16345/2008) OF SUBRAMANYA NAGAR POLICE STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 109, 342, 343, 364A, 365, 384, 385, 395, 120B READ WITH 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS ALONG WITH IA 1/2019 THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A.11) and the learned HCGP for the Respondent –State and also the learned counsel Sri. E.R. Gajendra Naidu, who filed an application under Section 301(2) seeking permission of the court, to assist the learned HCGP, in this case. The said application is allowed and the counsel is permitted to assist the learned HCGP. Perused the records.
2. This is a very peculiar case, wherein the petitioner was arraigned as Accused No.11 for the offences punishable under Sections 109, 342, 343, 364(A), 365, 384, 385, 395, 120(B) r/w. 34 of IPC in C.C.
No.16345/2008, which is pending on the file of the I ACMM, Bengaluru. In the said case, the petitioner was enlarged on bail. However, after taking bail, he was absconded by flying to abroad violating the conditions imposed by the court. Thereafter, he came back to India and he was arrested on 02.05.2019 and produced before the jurisdictional Court viz., I ACMM, Bengaluru. He was taken to custody and remanded to judicial custody on 02.05.2019. He approached the trial Court by filing application for grant of bail in Criminal Petition No.4242/2019. Vide order dated 14.06.2019 the trial Court on a detailed consideration of the prosecution case and also taking note of the conduct of the Accused/petitioner has rejected the said bail petition on the main ground that, the Accused/petitioner has violated the terms and conditions of the original bail order and as well he has not co-operated with the Court for disposal of the case, which virtually made the court to spilt up the case against him.
3. Learned counsel for the petitioner submitted that, the petitioner has now realized his mistake and he submits that he is ready and willing to co-operate with the Courts for early disposal of the case, on appearing before the Court regularly. He is also ready and willing to abide by any of the conditions that may be imposed by this Court and further he is ready to surrender his passport before the trial Court.
4. On careful perusal of the entire material on record, it is true that the petitioner/Accused was enlarged on bail on several conditions including the condition that, he should assist the court for early disposal of the case. But, he violated the conditions, fled to abroad and came back to Bengaluru on 02.05.2019 and he was arrested on that day and since two months he has been in judicial custody. Perhaps, he might have understood that what would happen if he violate the conditions imposed by the Court while granting bail. Of course, the conduct of the petitioner is very serious, which has been taken note of by the trial Court. Therefore, in my opinion, one opportunity should be granted to the petitioner to mend his conduct and to assist the court in disposal of the case. For the mistake committed by him, in my opinion, he has to be penalized by this court by means of imposing stringent conditions. Therefore, with the above observations, the petitioner may be released on bail. Hence, I proceed to pass the following:-
ORDER The petition is allowed. The petitioner (A.11)-S. Harikrishna shall be released on bail in connection with C.C No.16345/2008 arising out of Crime No. 261/2003 of Subramanyanagar Police Station, Bengaluru, registered against him for the offence punishable under Sections 109, 342, 343, 364(A), 365, 384, 385, 395, 120(B) r/w. 34 of IPC, on following conditions:-
i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two solvent sureties for the like-sum to the satisfaction of the I ACMM Court, Bengaluru.
ii) The petitioner shall not indulge in tampering the prosecution witnesses and he shall appear before the committal court on all future hearing dates unless exempted by the court for any genuine reason.
iii) The petitioner shall not leave the jurisdiction of the Committal/trial/Sessions Court without prior permission of the concerned Court, till the case registered against him is disposed of.
iv) The petitioner shall mark his attendance once in 15 days before the respondent/Jurisdictional Police Station for a period of three months from the date of receipt of a copy of this order.
v) The petitioner shall surrender his passport before the concerned Court and the same shall be kept in safe custody till the disposal of the case against him and the same shall be ordered to be returned to him, after completion of the trial.
vi) The petitioner shall deposit Rs.50,000/- (Rupees Fifty Thousand only) as cash security before the Court of I ACMM, Bengaluru, with an undertaking that he shall not violate any conditions imposed by this Court.
If he violates any of the conditions imposed by this Court, the said amount shall be confiscated to the State. Otherwise, after the trial is over against him, he is entitled to reclaim the said amount.
Sd/- JUDGE KGR*